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Legal answers
Regulating the management of cash, valuable papers, precious assets temporarily deposited and temporarily kept by the State Treasury for preservation
Answered

On December 28, 2018, the Government issued Circular No. 135/2018/TT-BTC regulating the management of cash, valuable papers and precious assets temporarily deposited and temporarily held by the state treasury. receive preservation. This Circular takes effect from February 15, 2019.
Accordingly, Circular No. 135/2018/TT-BTC has the following outstanding contents:
– Units in the State Treasury system, relevant organizations and State agencies in the delivery and receipt of properties to be preserved with the State Treasury units shall be subject to the provisions of the Circulars.
– .The State Treasury accepts to preserve the property according to the sealed box/bag/package of the property sender; on the sealing of the seal of the sending unit and the signature of the sealer.
– In case the unit sends the preserved assets as cash or foreign currency in cash to the custody account awaiting the handling of the unit, it shall proceed as follows:
a) For cash deposited at the State Treasury: The State Treasury shall count and determine the property value and account it into the temporary custody account awaiting the handling of the unit at the State Treasury according to regulations.
b) For cash and foreign currencies in cash (foreign currencies that the State Treasury has payment accounts in foreign currencies at the Bank) shall be deposited at the Bank: The units directly remit at commercial banks to transfer into the State Treasury account. The unit makes payment according to the instructions of the commercial bank. The State Treasury shall account into the temporary custody account pending the handling of the unit at the State Treasury according to regulations.
Thus, Circular No. 135/2018 / TT-BTC provides detailed instructions on the order and procedures for delivery and receipt of cash, valuable papers and valuable assets temporarily deposited and temporarily kept for state treasuries, thereby contributing to The part helps these activities to be implemented accurately, ensuring publicity, transparency, and efficiency.

New regulations on tobacco trading
Answered

On December 26, 2018, the Ministry of Industry and Trade issued Circular No. 57/2018/TT-BCT on guiding the Decree relating to the tobacco business. This Decree takes effect from February 19, 2019.
Accordingly, Circular No. 57/2018/TT-BCT regulates the responsibilities and powers of tobacco business organizations and individuals as follows:
– Coordinate with inspection teams and inspection agencies in the process of checking cigarette business activities at the inspection places;
– Providing records and documents related to tobacco business activities under this Circular;
– Abide by inspection activities of inspection agencies, inspection teams and violation handling decisions of competent agencies;
– Make a report:
+ The situation of overcoming violations in the business process to the inspection agency;
+ The situation of complying with legal regulations on cigarette business activities when requested by competent agencies.
– Maintain conditions to ensure tobacco business activities in accordance with the law;
– Fix errors not reached in the inspection minutes at the request of inspection agencies, inspection teams;
– Complaints of the inspection team’s conclusions according to the provisions of law.
Thus, Circular No. 57/2018 / TT-BCT has clear provisions on the responsibilities and rights of tobacco trading organizations and individuals. This is also a legal basis for state agencies to have management methods as well as apply sanctions to organizations showing signs of violation.

Issuing the list of export and import goods accompanied by hs code under the management scope of the State Bank of Vietnam in the gold field
Answered

On December 28, 2018, the State Bank of Vietnam issued Circular No. 47/2018/TT-NHNN promulgating the list of export and import goods accompanied by his codes under the management scope of the home bank. Vietnam in the goldfield. This Circular takes effect from February 12, 2019.
Accordingly, Circular No. 47/2018/TT-NHNN stipulates the List of export and import goods accompanied by HS code under the management scope of the State Bank of Vietnam in the field of gold as raw material gold. Specific description is as follows:
– Imported goods: Gold in the form of blocks, bars, granules, pieces and other kinds of gold, except gold in the form of powder, solution, solder flakes, gold salts and all kinds of jewelry in the form of semi-finished products;
– Export goods: Gold in the form of blocks, bars, granules, pieces and other types of gold, except gold in the form of powder, solution, solder flakes, gold salts and all kinds of gold jewelry in the form of semi-finished products;
– Commodity material gold under the management of the State Bank is subject to HS code as follows: 7108.12.10; 7108.12.90.
It can be seen that the Circular No. 47/2018 / TT-NHNN has detailed regulations on the list of goods in the gold sector under the management of the State Bank of Vietnam, thereby having a clear division. clear management functions as well as types of goods in this particular area.

Legal news No. 04/2019
Answered

Conditions for borrowing capital to invest abroad
Answered

On 25/12/2018, the State Bank of Vietnam promulgated the Circular No. 36/2018/TT-NHNN on lending to invest abroad of Credit institutions, foreign bank branches for customers.
Accordingly, Circular No. 36/2018/TT-NHNN specifically provides on conditions to borrowing capital to invest abroad, including:
– The customer is a legal entity with civil legal capacity; If the customer is an individual, he or she must be at least 18 years of age and have full civil act capacity;
– There are 2 consecutive years without bad debts up to the time of loan application;
– Has been granted an offshore investment registration certificate and investment activities approved or licensed by the competent authority of the investment recipient country;
– Having offshore investment projects and plans evaluated by credit institutions as feasible and customers capable of repaying credit institutions.
Besides, this Circular also stipulates the loan level agreed by credit institutions and customers; but not more than 70% of the offshore investment of customers.
It can be seen that Circular No. 36/2018/TT-NHNN has detailed and specific regulations on conditions for borrowing capital to invest abroad. Thereby, helping organizations and individuals have the basis to implement accurately, save time and improve the efficiency of investment activities.

Regulations on the process for converting ATM cards to chip cards
Answered

On 28/12/2018, The State Bank of Vietnam has issued Circular No. 41/2018/TT-NHNN amending and supplementing a number of articles of the Circular No. 19/2016/TT-NHNN regulations on bank card operations. This Circular will take effect from 18/02/2019.
Accordingly, Circular No. 41/2018/TT-NHNN regulates the process for converting ATM cards to chip cards as follows:
For card payment organizations: As of December 31, 2019, at least 35% of ATMs, 50% of card acceptance devices at the point of sale are operating in Vietnam of card payment organizations comply with the Basic Standard for domestic chip cards. As of December 31, 2020, 100% of ATM and card acceptance equipment at the point of sale operating in Vietnam of card payment organizations comply with the Basic Standard for domestic chip cards.
For card issuers: By December 31, 2019, at least 30% of the cards have BIN issued by the State Bank of card issuers comply with the Basic Standard for domestic chip cards. By December 31, 2020, at least 60% of the cards have BIN issued by the State Bank of card issuers comply with the Basic Standard for domestic chip cards. By December 31, 2021, 100% of the cards have BIN issued by the State Bank of card issuers comply with the Basic Standard for domestic chip cards
During the transition period, card issuers and card payment organizations must ensure card activities take place continuously, stably, safely and ensure the legitimate rights of cardholders.
It can be seen that Circular No. 41/2018/TT-NHNN with clear regulation on the process of changing from ATMs to chip cards aims to enhance security, safety, security in bank card operations, facilitate the increase of features and utilities for cardholders.

Guiding the management and using of proceeds from auction of illegally imported cigarettes subject to confiscation of quality assurance for export to foreign countries
Answered

On 14/12/2019, Ministry of Finance promulgated Circular No. 122/2018/TT-BTC guiding the management and using of proceeds from the auction of illegally imported cigarettes subject to confiscation of quality assurance for export to foreign countries. The Circular took effect from 01/02/2019.
Accordingly, Circular No. 122/2018/TT-BTC regulates agencies, organizations assigned to duties will pilot the auction of imported drugs that are of sufficient quality to export. Collection source from this activity will be submitted to the State budget to conduct some missions as follows:
– Expenditure for propagation and dissemination of legislation on cigarette smuggling prevention and combat;
– Expenditure for working trip allowances, conferences on the preliminary review, summation, training and professional training on tobacco prevention and combat work;
– Purchase of equipment, repair of tools, rental of equipment and facilities; expenses for registration fees and fees for inspection and inspection of equipment in direct service of the investigation against tobacco smuggling;
– Spending on petrol and oil for means to inspect, arrest, interpret and protect objects and material evidence in violation;
– Expenditure for rewards for collectives and individuals that have made outstanding achievements in the prevention and combat of cigarette smuggling;
– Payment for night work and overtime work;
– Expenditure allowances during the treatment for accident-injured, injured officials, public employees, officers, non-commissioned officers and soldiers in the course of performing anti-smuggling tasks;
– Spending on buying information;
– Payment for allowances for persons directly involved in the investigation, recovery, arrest, inspection and control of tobacco smugglers;
– Paying allowances for forces directly sanctioning tobacco smuggling and prevention according to policies and regimes promulgated by competent state agencies (if any).
It can be seen that thought issuing Circular No. 122/2018/TT-BTC, the Ministry of Finance has created a mechanism to increase revenue to contribute to the prevention of tobacco smuggling, and will improve the quality of State management in this area.

Promulgating the list of 13 national key agricultural products
Answered

On December 25th, 2018, the Ministry of Agriculture and Rural Development issued Circular No. 37/2018/TT-BNNPTNT promulgating the list of national key agricultural products. This Circular takes effect from February 8, 2019.
Accordingly, Circular No. 37/2018/TT-BNNPTNT promulgates 13 national key agricultural products, specifically as follows:
– Rice; The coffee; Rubber; Thing; Pepper; Tea; Vegetables; Cassava and cassava products;
– Pork; Meat and eggs of poultry; Catfish; Shrimp; Wood and wood products.
In addition, this Circular also stipulates the Director of Planning Department, Heads of Agencies under the Ministry, Director of Department of Agriculture and Rural Development of provinces, cities directly under the Central Government, and other related agencies and organizations implementing this Circular. In the process of implementation, organizations and individuals promptly reflect difficulties and problems to the Ministry of Agriculture and Rural Development for consideration and settlement.
Thus, the new regulations of the Ministry of Agriculture and Rural Development under Circular No. 37/2018/TT-BNNPTNT are expected to specifically target the country’s key development objectives in 2019 to facilitate favorable for the development of the country’s agricultural economy.

Rules of origin of goods in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP
Answered

On January 22nd, 2019, the Government issued Circular No. 03/2019/TT-BCT on rules of goods originating in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP. This Circular takes effect from March 8, 2019.
Accordingly, Circular No. 03/2019/TT-BCT have highlight contents on the certificate of origin (C/O), specifically as follows:
– Certificate of origin of goods is valid within 01 year from the issued date or longer in accordance with the regulations of other member countries;
– The competent authority of the importing country will not reject the C/O of the goods because of minor errors or differences on the C/O of goods;
– In case of detecting information and data in the C/O of goods are not accurate or do not meet the rules of origin, exporter or manufacturer have to announce to importer and competent agency of importing country.
Thus, Circular No. 03/2019/TT-BCT has detailed guidelines on rules of origin of goods in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP, thereby creating the basis for individuals, an organization the implementation of production and business activities that are accurate and convenient, and will improve the quality of state management in this area.

List of imported and exported goods in the field of printing and publishing
Answered

On December 28th, 2018, the Ministry of Information and Communications issued Circular No. 22/2018/TT-BTTTT on the list of imported and exported goods in the field of printing and publishing. This Circular takes effect from February 12th, 2019.
Accordingly, the list of imported and exported goods in the field of printing and publishing attached Circular No. 22/2018/TT-BTTTT regulates on, including:
– List of goods take HS codes and management forms for imported and exported goods in the printing field, including Printers using printing parts such as printing molds, rollers and other printing parts of 84.42 group; other printers, copying machines and fax machines, whether or not combined; parts and accessories;
– List of goods take HS codes and management forms for imported and exported goods in the publishing field, include: Printed books, folding books, brochures and similar printed publications, single sheet form; Picture books, drawing books or coloring books for children; Hydrographic maps and charts or similar charts, including Atlas, wall maps, topographic maps and globes, printed; Types of printed calendars, including calendar blocks; Other printed publications, including printed pictures and photos.
It can be seen that the promulgation of the list of imported and exported goods in the field of printing and publishing will create a basis for enterprises and managers to implement this activity.